Download The Doctrine of Just Peace Owes Decisive Impetus to the

Jahresakademie 2017, Vortrag Prof. Dr. Eberhard Schockenhoff:
PEACE RESEARCH AND PEACE ETHICS AS AN INTERDISCIPLINARY TASK
SOME COMPREHENSIVE THESES
1. The Paradigm Shift in Peace Ethics, which is Characterized by the Words
"from Just War to Just Peace", not only Announces a Thematic Change.
The focus is no longer on how to enforce the law by means of military force,
but on building a viable and lasting peace order. This change is accompanied
by a methodical expansion of research perspectives. While the doctrine of just
war had been developed in its scholastic and natural law form for centuries in
the context of moral theology, the concept of just peace developed from the
interdisciplinary co-operation of several research approaches: the
development of modern international law, the debate on the theory of
international relations within the field of political science, economic theory,
historical peace research, and philosophical and theological ethics.
2. The Biblical and Theological-Historical Roots of the Doctrine of Just Peace
The concept of Shalom means more than just non-war or a mere coexistence,
a non-violent coexistence of human beings. It describes the divine peace of
creation, which promises men and animals a comprehensive well-being. In this
broad sense, Shalom means health, security, material and spiritual well-being
of the individual as well as the community. The promise of a messianic state of
peace is described in Isaiah 32:17 as: "The work of righteousness shall be peace.
The fruit of righteousness is peace and security for ever." In the Latin
translation of the Bible, these words of Isaiah later become a shortened
formula of peace ethics: opus justitiae pax (= peace, the work of justice).
In official releases of the Catholic Church, the concept of just peace and the
strategy of peace building through the promotion of development and
international cooperation can already be found in the Encyclical Populorum
Progressio by Pope Paul VI. (1967). Its guiding principle, which implies the
corresponding considerations of modern peace research, is: "Development is
the new name for peace."
3. The Doctrine of Just Peace Owes Decisive Impetus to the Development of
Modern International Law
The classic international law, which remained valid from the Peace of
Westphalia in 1648 until the end of the Second World War, was based on two
principles: the sovereignty of the individual states and the commandment of
non-intervention into their internal affairs. Part of the sovereignty of a state
was an almost unrestricted right to conduct war, which they could dispose of
at will. The principle work of the Dutch philosopher, Hugo Grotius, bore the
title: De iure belli ac pacis (= Law of War and Peace). Both are, therefore, two
equally legitimate states of the international order which alternate according
to the behavior of governments.
Following the catastrophe of the Second World War, the international
community agreed on a general prohibition of violence, as prescribed in the
UN Charter. The international ostracism of war knows only two exceptions in
which military application of force can be legitimate: the self-defense of a
state against foreign aggression and the so-called humanitarian interventions
for the protection against systematic human rights violations or a decay of the
state authority. To justify such interventions, which require a mandate from
the UN Security Council, serves the doctrine of responsibility to protect.
4. The Three-Pillar Model of Peace Building
Current research on peace, in cooperation with the theories of political
science, developed the fundamental distinction between peace making and
peace building. When the hot phase of a military dispute is over and the
weapons fall silent, the real task of a post-war period begins by building a
stable and lasting peace order. A theoretical three-pillar model, consisting of
the components of democracy promotion and human rights policy (1),
development co-operation and trade (2) and the development of
supranational organizations (3), serves this purpose.
5. Promoting Democracy as a Way to Secure Peace
The idea of "peace building through the advancement of democracy" is based
on a principle founded on the nature of states and their political forms of
governance. The stronger the internal organization of a state is based on
violence, dependence and lack of freedom, the less is its capacity for peaceful
conflict resolution to the outside. This means, on the other hand, the better
the system of distributive justice is developed in terms of access to security,
prosperity and political power, the less the violence in interstate relations. A
lasting strategy of peace building must therefore begin with the internal
transformation of authoritarian power structures and the formation of
democratic power relations. The relationship between democratic forms of
government and the peaceableness of a society is historically well
documented: consolidated democracies do not wage wars with each other.
6. The Importance of Poverty Reduction and the Promotion of Prosperity
In addition to the concept of democratic peace, there is a second pillar, which
can be paraphrased as human rights protection, poverty control and welfare
promotion. The minimum conditions of a just peace are that the rights of all
people are respected: for subsistence, minimal economic security and
freedom. The concept of national security is therefore extended in recent
peace ethic approaches to the idea of a human security, which considers
indispensable prerequisites for a just peace in the protection from extreme
material need, police arbitrariness or paramilitary terrorism as well as
protection against expulsion and forced resettlement.
The level of fair distribution of goods that can be achieved in individual
countries can be influenced externally, especially by more equitable conditions
of world trade. Although poverty and social hardship in many countries also
have internal causes (corruption, lack of education, ethnic conflicts,
exploitation of raw materials by elites), the prosperity level of a state depends
to a large extent on foreign trade conditions which open up access to world
markets.
7. Strengthening of International Organizations
In the current world order, international organizations such as the United
Nations, the World Bank, the International Monetary Fund (IMF), the World
Trade Organization (WTO), and the International Court of Justice play an
important role in the peaceful resolution of interstate conflicts. It forms the
third pillar in the theory of just peace. A peace strategy that focuses on the
development of the international order is faced with the problem of the
constitutional weakness of the UN, which does not have its own armed forces
and therefore is not capable of enforcing international law. This situation will
not change in the foreseeable future. Nevertheless, there is no political
alternative to strengthening of international organizations. However, the
development of international regional organizations is not only
recommendable for political but also for moral reasons. Every human being,
on whatever part of the earth he or she is born, is not only a citizen of his or her
country, the child is also a member of mankind. The idea of the rights of the
citizen of the world is linked to the demand for cosmopolitanism, which forms
the moral foundation of an international peace order.
8. Renaissance of the Doctrine of Just War?
In current peace ethics, the question whether there is a renaissance of the
doctrine of just war in the context of humanitarian interventions is
controversial, because the justification of the use of military force is based on
criteria originally developed within the framework of the doctrine of just war.
Preconditions for intervention are: a just cause (threat of massive loss of life,
ethnic cleansing, state degradation, or genocide), the right intention, and
legitimate authority on the basis of a UN mandate. Furthermore, military force
can only be used as the ultimate means when peaceful measures have failed.
In addition, there must be reasonable prospects for success and the rules of
international humanitarian law for restricting military measures must be
strictly adhered to.